Filed Washington State Court of Appeals Division Two
October 8, 2024
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
STATE OF WASHINGTON, No. 56823-3-II
Respondent,
v.
ERIC SEAN ROLOSON, UNPUBLISHED OPINION
Appellant.
VELJACIC, A.C.J. — Eric S. Roloson pled guilty to two counts of rape of a child in the first
degree. As part of the plea agreement, the State agreed to recommend a special sex offender
sentencing alternative (SSOSA). The trial court rejected the recommendation and imposed a
standard range sentence. Roloson appeals, contending that the State breached the plea agreement
by nominally recommending a SSOSA and then raising aggravating facts to persuade the court not
to impose a SSOSA. He also contends he should be permitted to withdraw his guilty pleas because
they were involuntary. Roloson lastly contends that the court erred by imposing a $500 victim
penalty assessment (VPA), a $100 deoxyribonucleic acid (DNA) collection fee, and a $100
domestic violence assessment. We affirm Roloson’s convictions, but remand for the trial court to
strike the VPA and DNA collection fee and reconsider the domestic violence assessment.
FACTS
Following allegations in January 2020 of sexual abuse involving Roloson and his
stepdaughters, Roloson left for Hawaii. He was arrested in August 2020 and brought back to 56823-3-II
Washington in October 2020.1 The State charged him with two counts of rape of a child in the
first degree and two counts of child molestation in the first degree. All crimes included a special
allegation of domestic violence.
Roloson agreed to plead guilty to two counts of rape of a child in exchange for the State
dropping the molestation charges and recommending a SSOSA. It was the parties’ understanding
that the victims also endorsed a SSOSA for Roloson.
At the plea hearing, the trial court informed Roloson of the standard sentencing range on
both charges and that both counts were subject to the Indeterminate Sentencing Review Board.
Roloson expressed no reservations. The court also informed him that it was aware of the parties’
joint recommendation for a SSOSA, but the court did not have to follow that recommendation and
instead it could impose a sentence anywhere within the standard sentencing range. Roloson stated,
“I do understand that, Your Honor.” Rep. of Proc. (RP) at 19. Roloson then pled guilty to two
counts of rape of a child in the first degree. The court ordered a presentencing investigation report
(PSI).
The PSI indicated that the girls’ mother and one of the girls “initially agreed that a SSOSA
sentence was appropriate, but that they do not want that now.” Clerk’s Papers (CP) at 21. The
PSI also indicated that the mother reported that “[t]he girls have a life sentence dealing with what
happened to them. [Roloson] should have a life sentence in prison because you can’t take it back.”
CP at 21. Based on the victims’ statements, Roloson’s statements, and a risk assessment, the PSI
recommended that Roloson receive a standard range sentence.
1 The delay in returning to Washington was because Roloson was incarcerated in Hawaii and, while in custody, he was attacked by other inmates. His injuries were significant, resulting in a lengthy hospital stay and ultimately delaying commencement of proceedings in Washington.
2 56823-3-II
At the 2022 sentencing hearing, the State began by stating that there was an agreed
recommendation for a SSOSA. The State then addressed the somewhat inconsistent statements
from the victims in the PSI about initially supporting a SSOSA but then appearing to change their
minds. The State explained that it had been a long and difficult process for them in part because
Roloson “took flight to Hawaii,” was brought back to Washington in October 2020, and the matter
had been pending ever since. RP at 36.
The State went on to explain that it described the sentencing recommendation alternatives
with the victims and they agreed a SSOSA would be best, and most importantly, they wanted
finality. The State clarified that the girls and their mother “did support the SSOSA. They still do
support the SSOSA, but as with everything in life, there are conflicts. And they’re—they’re just
normal people who have had a really bad thing happen to them, and they have some conflicts.
They’re going to have an opportunity to express that to Your Honor.” RP at 36-37.
The girls’ mother spoke at the sentencing hearing. She told the trial court that she
supported the plea agreement, including a SSOSA recommendation, to prevent her daughters from
having to testify and relive Roloson’s horrendous actions. She further stated that she had “fears
that if he is released into the community, he will recommit these horrendous crimes. Repeating
the same actions of molesting, raping, physically and mentally abusing my family. . . . I do fear
[Roloson] will try to come after us if he is released.” RP at 41. She requested that if the court
decided to impose a SSOSA that Roloson not be permitted to “be released into Cowlitz County.
The thought of him living in the same town as us is completely devastating.” RP at 41.
The girls also made statements at the sentencing hearing. One told the trial court that “[t]he
only reason I chose to let him have the SSOSA deal was because I was scared of facing him in
trial.” RP at 43. The other girl stated, “I fear that if proper action isn’t taken, that others may be
3 56823-3-II
hurt and abused by [Roloson].” RP at 47. She asked the court to take into consideration “the
safety of our community.” RP at 47.
Roloson then interjected that the sentencing hearing must stop because he was going to file
a motion to withdraw his guilty pleas. The trial court stopped the sentencing hearing and allowed
briefing on the motion to withdraw the guilty pleas.
Roloson argued that he wanted to withdraw his guilty pleas on the basis that his pleas were
not knowing, intelligent, and voluntary because the State breached the plea agreement. Roloson
claimed that he only took the plea agreement because of the State’s assurances that the victims
would support a SSOSA and it appeared that was not the case at the sentencing hearing. Roloson
claimed he was “bombarded” and that the plea agreement was “undercut” in a way that created a
manifest injustice. RP at 67-68.
The State responded that it satisfied its obligation under the plea agreement by
recommending a SSOSA and that the victims expressed their desire for a SSOSA even though they
had concerns about Roloson in the community. The State further argued that there was no breach
because it could not control what the victims would say and that the victims were not parties to the
plea agreement. The State commented that it appeared defense counsel was implying that Roloson
“only admitted behavior in order to get this deal and not that he was actually admitting to the
behavior. That’s a problem.” RP at 71.
In an affidavit in support of its memorandum opposing Roloson’s motion to withdraw the
guilty plea, the prosecutor stated that the PSI caused him “some concern” based on both Roloson’s
and the victims’ statements so he met with the girls and their mother after the PSI and felt satisfied
that they “remained supportive” of a SSOSA. CP at 136-37.
4 56823-3-II
The trial court denied Roloson’s motion to withdraw his guilty pleas, finding that the State
did not breach the plea agreement. The court reminded Roloson that the court did not have to
follow the State’s sentencing recommendation or the victims’ wishes.
The matter proceeded to sentencing. The State informed the trial court that it “adheres to
its recommendation” for a SSOSA and asked the court to “follow that.” RP at 77.
The trial court went through the statutory factors of whether to impose a SSOSA. It found
that Roloson could benefit from treatment, but it also found that there were allegations that Roloson
committed numerous acts of sexual assault over the years against his young stepdaughters and
therefore a SSOSA appeared too lenient. The court also found that Roloson was a significant risk
to the community. The court stated that the victims and their mother “said the words, they wanted
SSOSA imposed” and appeared to “desire for SSOSA” RP at 84-85. The court acknowledged
that the mother “kind of strayed” and the girls appeared to want a SSOSA “largely to avoid trial.”
RP at 84-85. The court also noted that Roloson’s leaving the area to avoid prosecution caused
concern that he may do the same if there was a SSOSA violation and a sanction was imposed. The
court noted, “the risk is huge if there’s a re-offense.” RP at 88.
Ultimately, the trial court denied the SSOSA recommendation and imposed the low end of
a standard range sentence of 120 months to life on both counts, to be served concurrently. The
court found Roloson was indigent, but imposed a $500 VPA, a $100 DNA collection fee, and a
$100 domestic violence assessment as legal financial obligations (LFOs).
Roloson appeals.
5 56823-3-II
ANALYSIS
I. BREACH OF PLEA AGREEMENT
Roloson contends the State breached the plea agreement by nominally recommending a
SSOSA and then raising aggravating facts to persuade the trial court not to impose a SSOSA. He
further alleges he should be entitled to withdraw his guilty plea or demand specific performance
based on the State’s alleged breach. We disagree.
A. Legal Principles
Whether a breach of a plea agreement has occurred is a question of law we review de novo.
State v. Molnar, 198 Wn.2d 500, 513, 497 P.3d 858 (2021). A plea agreement is a contract between
the defendant and the State. Id. at 512. Because plea agreements concern the fundamental rights
of the accused, the State has a “‘good faith obligation to effectuate the plea agreement.’” Id.
(quoting State v. Sledge, 133 Wn.2d 828, 840, 947 P.2d 1199 (1997)).
“A prosecutor is obliged to fulfill the State’s duty under the plea agreement by making the
promised sentencing recommendation.” Sledge, 133 Wn.2d at 840. “The recommendation need
not be made ‘enthusiastically.’” Id. at 840 (quoting State v. Coppin, 57 Wn. App. 866, 873, 791
P.2d 228 (1990)). But the prosecutor is obligated not to undermine the terms of the agreement
either explicitly or through conduct demonstrating an intent to evade the terms of the plea
agreement. Sledge, 133 Wn.2d at 840.
Just because the parties reached an agreed recommendation does not mean the sentencing
court “[sh]ould be faced with a one-sided hearing.” State v. Talley, 134 Wn.2d 176, 186, 949 P.2d
358 (1998). “The State must be allowed to use descriptive words in addition to stipulated facts
because, while the State’s ‘recommendation need not be made enthusiastically,’ it need not be
made so unenthusiastically that it is unhelpful to the sentencing court.” Molnar, 198 Wn.2d at 517
6 56823-3-II
(internal quotation marks omitted) (emphasis omitted) (quoting Sledge, 133 Wn.2d at 840). Thus,
the mere mention of aggravating facts does not automatically breach the plea deal. Molnar, 198
Wn.2d at 516.
Ultimately, we “‘review [the] prosecutor’s actions and comments objectively from the
sentencing record as a whole to determine whether the plea agreement was breached.’” State v.
Ramos, 187 Wn.2d 420, 433, 387 P.3d 650 (2017) (alteration in original) (quoting State v.
Carreno-Maldonado, 135 Wn. App. 77, 83, 143 P.3d 343 (2006)). “A breach occurs when the
State ‘undercut[s] the terms of the agreement explicitly or implicitly by conduct evidencing an
intent to circumvent the terms of the plea agreement.’” Id. (quoting Carreno-Maldonado, 135 Wn.
App. at 83). We review the State’s actions objectively, focusing “‘on the effect of the State’s
actions, not the intent behind them.’” Id. (quoting Sledge, 133 Wn.2d at 843 n.7). If we find a
party breached the plea agreement, the nonbreaching party may either rescind or specifically
enforce the terms of the plea agreement. State v. Wiatt, 11 Wn. App. 2d 107, 111, 455 P.3d 1176
(2019).
B. No Breach
Here, the State addressed how difficult the process was for the victims and mentioned that
this was in part due to Roloson taking “flight to Hawaii” after the abuse allegations, which
extended the time for them to have finality. RP at 36. In response to Roloson’s motion to withdraw
his guilty pleas, the State argued that there was no breach because it could not control what the
victims would say and that the victims were not parties to the plea agreement. Later, the State
commented that it appeared defense counsel was saying that Roloson “only admitted behavior in
order to get this deal and not that he was actually admitting to the behavior. That’s a problem.”
RP at 71.
7 56823-3-II
Relying on State v. Xaviar, State v. Jerde, and Carreno-Maldonado, Roloson argues these
statements amount to a breach of the plea agreement.
In State v. Xaviar, 117 Wn. App. 196, 198-201, 69 P.3d 901 (2003), the State and the
defendant agreed to a recommendation at the bottom of the standard sentencing range. But at
sentencing, the prosecutor emphasized the graveness of the crime, reiterated the charges that the
State did not bring, noted that the State could have, but did not, ask for a 60-year exceptional
sentence, highlighted aggravating factors that would support an exceptional sentence, and referred
to the defendant as “‘one of the most prolific child molesters that this office has ever seen.’” Id.
at 200. Division One of this court held that the prosecutor’s conduct constituted a breach of the
plea agreement. Id.
In State v. Jerde, 93 Wn. App. 774, 776-77, 970 P.2d 781 (1999), the State agreed to
recommend a standard range sentence, while the PSI recommended an exceptional sentence. At
sentencing, the prosecutor briefly noted the State’s recommendation but proceeded to identify
aggravating factors that the court could consider in support of an exceptional sentence, including
factors that were not contained in the PSI. Id. at 777-78, 782. This court concluded that the
prosecutor’s conduct amounted to a breach of the plea agreement, making specific note of the
prosecutor’s reference to aggravating factors not mentioned in the PSI and observing that the
prosecutor “advocated for an exceptional sentence by highlighting aggravating factors and even
added an aggravating factor not found in the [PSI].” Id. at 782.
Finally, in Carreno-Maldonado, 135 Wn. App. at 79-80, the State agreed to make a low-
end recommendation on one count of rape in the first degree, a midpoint recommendation of 240
months on five counts of rape in the second degree, and a high-end standard range recommendation
on a count of assault in the second degree. At the sentencing hearing, the trial court set out the
8 56823-3-II
standard range sentence, acknowledged having reviewed the PSI and plea agreements, then asked
the State if it had anything to add. Id. at 80. The prosecutor then made a statement “‘on behalf of
the victims’” in which the prosecutor referred to the defendant’s “‘very extreme violent behavior’”
and his preying on “‘what would normally be considered a vulnerable segment of our community’”
in carrying out “‘crimes . . . so heinous and so violent [they] showed a complete disregard and
disrespect for these women.’” Id. at 80-81. Only when defense counsel objected and suggested
that the State was failing to comply with the plea agreement did the prosecutor respond, “‘I’m
speaking here on behalf of the victims and on behalf of the [S]tate[.] And I’m not going beyond
my recommendation in this case. It’s an agreed recommendation. M[y] recommendation [for the
rape in the second degree is] 240 months.’” Id. at 81 (alterations in original). This court held that
the prosecutor’s statements at the sentencing hearing breached the plea agreement by undercutting
the State’s agreed sentence recommendation. Id. at 79.
In this case, the State commented on Roloson leaving to Hawaii, recognized there was
some inconsistency with the victims’ and their mother’s wishes, and commented during the motion
to withdraw the guilty plea that Roloson’s timing of his motion to withdraw his guilty plea seemed
to suggest he “only admitted behavior in order to get this deal and not that he was actually
admitting to the behavior.” RP at 71. But we do not view these statements in isolation. Ramos,
187 Wn.2d at 433.
Viewing the sentencing record as a whole, the State clearly stated that it adhered to its
recommendation and hoped the trial court would follow it. The State also stated that it described
the sentencing recommendation alternatives with the victims, they agreed a SSOSA would be best,
and most importantly, they wanted finality. The State clarified that the girls and their mother “did
support the SSOSA. They still do support the SSOSA.” RP at 36. Additionally, Roloson’s travel
9 56823-3-II
to Hawaii was significant because it caused months of delay in the Washington proceedings
because of his concomitant hospital stay. This was relevant to the length of the proceeding and
related difficulty this caused for the victims, which explains in part their conflicted position as to
the SSOSA. The State was not advocating against the plea agreement in highlighting this fact.
Based on the above, the facts of this case are distinguished from Xaviar, Jerde, and
Carreno-Maldonado. While the State may not have enthusiastically recommended a SSOSA, it
did not undercut the terms of the plea agreement explicitly or implicitly.
Because we hold that the State did not breach the plea agreement, we need not reach
Roloson’s argument that he is entitled to either withdraw his guilty plea or request specific
performance of the parties’ agreement. See State v. McNichols, 128 Wn.2d 242, 253, 906 P.2d
329 (1995) (based on the court’s dispositive holding, it need not reach issue regarding proper
remedy).
II. WITHDRAWAL OF GUILTY PLEAS
Roloson next contends that he should be entitled to withdraw his guilty pleas because his
pleas were involuntary due to the State’s false assurance that the victims would recommend a
SSOSA. We disagree.
Because this issue was raised before the trial court, our review is focused on whether the
trial court abused its discretion in denying Roloson’s motion to withdraw his guilty pleas. State v.
Lamb, 175 Wn.2d 121, 127, 285 P.3d 27 (2012). Discretion is abused if the court’s decision lacked
a tenable basis in law or fact. State v. Arndt, 194 Wn.2d 784, 799, 453 P.3d 696 (2019). Trial
courts must allow a defendant to withdraw a guilty plea to prevent a manifest injustice. State v.
Wilson, 162 Wn. App. 409, 414, 253 P.3d 1143 (2011); CrR 4.2(f). Our courts generally recognize
10 56823-3-II
four indicia of a manifest injustice: (1) denial of effective assistance of counsel, (2) failure of the
defendant or one authorized by him to do so to ratify the plea, (3) involuntary plea, and (4) violation
of plea agreement by the prosecution. State v. S.M., 100 Wn. App. 401, 409, 996 P.2d 1111 (2000).
Lack of information may render a guilty plea involuntary. State v. Mendoza, 157 Wn.2d
582, 587-88, 591, 141 P.3d 49 (2006). But a guilty plea is not involuntary if “the defendant was
correctly informed of all of the direct consequences of his guilty plea.” Id. at 591.
Washington State Constitution, article I, section 35 (amend. 84) provides crime victims
and their families or representatives the opportunity to make a statement at a defendant’s
sentencing. See also State v. Gentry, 125 Wn.2d 570, 624, 888 P.2d 1105 (1995). As it relates to
the rights of victims and their families, the amendment provides, “[t]his provision shall not
constitute a basis for error in favor of a defendant in a criminal proceeding.” WASH. CONST. art.
I, § 35. In addition to constitutional protections, RCW 7.69.030(1)(m) and (n) permit victims and
victims’ families or representatives to submit victim impact statements to the court and to
personally make a statement at a sentencing hearing in a felony case.
B. No Abuse of Discretion
Here, the State charged Roloson with two counts of rape of a child in the first degree and
two counts of child molestation in the first degree. In exchange for the State dropping both child
molestation charges and recommending a SSOSA, Roloson agreed to plead guilty to the child rape
charges.
At the sentencing hearing, the State informed the trial court that there was an agreed
recommendation for a SSOSA. The State went on to explain that it described the sentencing
recommendation alternatives with the victims and they agreed a SSOSA would be best, and most
importantly, they wanted finality. The State clarified that the victims and their mother “did support
11 56823-3-II
the SSOSA. They still do support the SSOSA, but as with everything in life there are conflicts.
And they’re—they’re just normal people who have had a really bad thing happen to them, and they
have some conflicts. They’re going to have an opportunity to express that to Your Honor.” RP at
36-37. After the trial court denied Roloson’s motion to withdraw his guilty plea, the State
reiterated that it “adheres to its recommendation” for a SSOSA and asked the court to “follow
that.” RP at 77.
While the victims made statements detailing Roloson’s years of abuse and their fear that
he would continue to hurt people in the future, these statements were within their rights and did
not result in a breach of the plea agreement between Roloson and the State. Notably, the victims’
mother and one of the victims expressed their support of the SSOSA. RCW 7.69.030(1)(m) and
(n); Gentry, 125 Wn.2d at 624. Moreover, the trial court clearly advised Roloson that it was not
bound by the sentencing recommendation in the plea agreement. See RCW 9.94A.431(2).
Based on the above, there was no manifest injustice based on an involuntary guilty plea to
warrant the withdrawal of Roloson’s guilty pleas. The trial court properly concluded likewise.
Therefore, we hold that the trial court did not err in denying Roloson’s motion to withdraw his
guilty plea.
III. LFOS
Roloson next contends that the trial court erred by imposing a $500 VPA, a $100 DNA
collection fee, and a $100 domestic violence assessment after finding Roloson indigent. The State
took no position on Roloson’s arguments.
When the trial court sentenced Roloson, it was required to impose a VPA of $500 under
former RCW 7.68.035(1)(a) (2018), regardless of a defendant’s indigency, as well as a $100 DNA
collection fee under former RCW 43.43.7541 (2018). But those statutes have since been amended.
12 56823-3-II
Now, a “court shall not impose the [VPA] under this section if the court finds that the defendant,
at the time of sentencing, is indigent as defined in RCW 10.01.160(3).” LAWS OF 2023, ch. 449,
§ 1. The legislature also eliminated the $100 DNA collection fee for all defendants. See LAWS OF
2023, ch. 449, § 4. Both amendments took effect July 1, 2023. LAWS OF 2023, ch. 449, § 27.
Although these amendments took effect after Roloson’s sentencing, they apply to cases pending
appeal. See State v. Ellis, 27 Wn. App. 2d 1, 16, 530 P.3d 1048 (2023). Therefore, we remand for
the trial court to strike the VPA and DNA collection fee.
Regarding the domestic violence assessment, former RCW 10.99.080(1) (2015) states that
the trial court may impose a domestic violence assessment on any adult offender convicted of a
crime involving domestic violence. Recent amendments to this statute did not change this
language. LAWS OF 2023, ch. 470, § 1003. Sentencing courts have discretion as to whether to
impose a domestic violence assessment, which is to be used for the purposes of domestic violence
advocacy and domestic violence prevention. See RCW 10.99.080(1), (2)(a); LAWS OF 2015, ch.
275, § 14. The assessment is not mandatory. Sentencing courts “are encouraged to solicit input
from the victim or representatives for the victim in assessing the ability of the convicted offender
to pay the penalty,” but are not required to do so. See RCW 10.99.080(5), LAWS OF 2015, ch. 275,
§ 14. Because there is no explanation in our record regarding the trial court’s decision to impose
the domestic violence assessment, we permit Roloson to move for the trial court to reconsider that
fee on remand in light of Roloson’s indigence.
13 56823-3-II
CONCLUSION
We affirm Roloson’s judgment and sentence but remand to strike the VPA and DNA
collection fee and potentially revisit the domestic violence assessment.
A majority of the panel having determined that this opinion will not be printed in the
Washington Appellate Reports, but will be filed for public record in accordance with RCW 2.06.040,
it is so ordered.
Veljacic, A.C.J.
We concur:
Lee, J.
Che, J.